Dispute Underway & THEN Validation Notice Received

I have disputed online with CRA’s about an old debt that a JDB illegally re-aged and placed on my credit reports. I disputed 03-04-2007. When I checked my reports today 03-15-2007 the JDB removed thier account from Experian but still remains on the other two. However, I received an initial debt collection notice from them today, stating, this is an attempt to collect a debt…etc. and I have 30 days to dispute the validity…etc. Included with the notice is a Validation of Debt, which is just a printout from thier computer only stating the name of OC and amount owed $380.79, which I know I don’t owe because I never signed up with this company. My question finally is, If I’m still within the 30 day dispute timeframe aren’t they supposed to cease collecting this debt? I haven’t received anything back from the CRA’s. Should I still send a Debt Validation Letter to the JDB and a complaint to the FTC or is there no violation here?

Chris

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Hi Chris,

The JDB is required to cease collection once it receives your timely request for validation.  Absolutely, positively, and definitely send the debt validation request to the JDB along with a copy of the FTC Wollman Letter explaining that their printout is not validation.  You state: “I never signed up with this company” and “JDB illegally re-aged”.  Be sure to advise them of both and include a debt collector cease communication as well as advising the JDB to remove their tradeline immediately.

If the Junk Debt Buyer verifies the tradeline as accurate with Equifax and TransUnion, then you have FCRA 1681s-2(b) violations. 

You may want to document your correspondence with the junk debt buyer with Fedex instead of CMRRR, in case the JDB refuses to sign for the CMRRR.

Thanks for the questions.

Paul

This author is not an attorney and this information should not be considered legal advice.  Please consult an attorney for legal advice.